Still Missing CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2

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FLORES, PAUL 21F-02402-A 08/20/2021 09:00 D5 Robert M Sanger Preliminary Hearing 08/24/2021 08:30 D5 Robert M Sanger Motion
08/25/2021 08:30 D5 Robert M Sanger Motion

FLORES, RUBEN 21CV-0230 08/25/2021 09:00 D2 Harold V. Mesick Case Management Conference 21F-02402-B 08/20/2021 09:00 D5 Harold V. Mesick Preliminary Hearing 08/24/2021 08:30 D5 Harold V. Mesick Motion

5day.pdf
 
Friday, August 20th:
*Preliminary Hearing for both (Day 10) to hear Motions (@ 9am PT) - CA - Kristin Denise Smart (19) (missing May 25, 1996 while walking back to her dorm from a off campus frat party at Cal Poly, reported missing on May 26, 1996, San Luis Obispo, still missing) – *Paul Ruben Flores (19 @ time of crime/44) arrested & charged (4/13/21) & arraigned (4/15/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80) arrested & charged (4/13/21) & arraigned (4/15/21) with accessory to murder after the fact. Plead not guilty. $250K bond. Bond was lower to $50K. Has posted bond (4/22/21), out of jail.
Case & court info from 5/17/21 to 7/28/21 & Preliminary hearing (Day 1-8) 8/2/21-8/16/21 reference post #871 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2
8/18/21 Wednesday, Preliminary hearing Day 9: Paul's attorney, Robert Sanger, asked the judge Wednesday for a bail reduction or that he be released on his own recognizance. Currently, Paul Flores is being held at the San Luis Obispo County Jail without bail. His father, Ruben, has been out on bail since April. Sanger said he was requesting Paul's release because "events beyond our control have come up." He said his client should not have to remain in jail because of the discovery issues that have come up during the preliminary hearing & that Paul should be out of custody while those issues are being resolved. The judge said he didn't see this as a significant change in circumstances & denied the request for bond. The preliminary hearing for Paul & Ruben Flores resumed after 11 a.m. on Wednesday but was continued again until Friday. Court is scheduled to resume at 9 a.m. on Friday, 8/20/21. Attorneys are expected to make motions at that time. The judge said there may or may not be testimony that afternoon. The preliminary hearing, which allows the court to examine evidence & determine if there is enough evidence for a trial, is expected to last through at least part of next week. Motions hearing on 8/24/21 @ 8:30am re color of ties. And a motion hearing for Paul on 8/25/21 @ 8:30am & a Case Management conference hearing re civil case for Ruben on 8/25/21 @ 9am.
 
Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]33m
The court took an early break and will resume this afternoon with retired Chief Investigator for
@SLOCounty_DA Bill Hanley and current DA Investigator J.T. Camp to possibly take the stand. An additional motion from the defense to continue the hearing may also be heard.

Stephanie Zappelli she/hers [URL='https://twitter.com/StephanieZappe2']@StephanieZappe2 [/URL]36m
Judge van Rooyen said the evidence creates a risk of prejudice against Flores’ character, while having “limited relevance” to the murder charges.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]36m
Van Rooyen said the “undue risk of prejudice will outweigh the probative value” and there is a “danger of that type of evidence.” But the judge said this type of evidence could come out at a trial depending on the scope of the ruling.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]36m
Judge van Rooyen denied the People’s motion to admit evidence in relation to Paul Flores’ sexual misconduct - including potential home videos, rape fantasy *advertiser censored* and alleged date rape drugs.


Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]38m
Sanger argued that DDA Christopher Peuvrelle was “twisting” information to sound like a fact. Judge van Rooyen reminded both sides that the scope of ruling in the preliminary hearing will decide probable cause that Paul Flores committed murder, not a rape or attempted rape.

Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]39m
CW: Today’s preliminary hearing for Paul and Ruben Flores began with Judge Craig van Rooyen hearing a People’s motion to submit evidence of Paul Flores’ sexual misconduct - including bringing women in to testify.


Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]40m
Judge van Rooyen denied the People’s request due to the risk that the evidence will provide the risk that “prejudice will outweigh probation value.” He reminds that he will rule on the prelim if there is probable cause for murder, not rape.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]44m
Sanger argues that the evidence is remote in time and requires an offense tied to it for which there is no evidence of.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]48m
Peuvrelle cited the rape fantasy *advertiser censored* and the home videos found on Flores’ computer. He claims this evidence is relevant. Sanger said that they did not have evidence of an actual crime to start with, and that Peuvrelle “cuts corners” and states the evidence for the press.


Stephanie Zappelli she/hers [URL='https://twitter.com/StephanieZappe2']@StephanieZappe2 [/URL]50m
The judge denied a motion to include alleged evidence of Paul Flores engaging in sexual misconduct, including home videos, *advertiser censored* found on his computer and statements from multiple women.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]51m
Then Davis’s testimony on how Kristin was unable to walk on her own. Peuvrelle says within the estimated 60-90 min, she became incapacitated. He then cites witness statements from 5 women having experiences being drugged, their friends being drugged, or being raped by Flores.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner 54m[/URL]
Peuvrelle cited 1101B on the basis of Corpus Delicti, or the facts proving a breach of law. He discussed Kristin Smart laying on the lawn for 2 hours according to witness testimonies and times they saw her. He cites Margarita Campos’s testimony about how she left Kristin sober

Cameryn Oakes [URL='https://twitter.com/OakesCameryn']@OakesCameryn [/URL]54m
Presiding Judge Craig van Rooyen ruled against admitting the evidence for the preliminary hearing as it does not pertain to the finding of whether Paul Flores murdered Kristin Smart.

Cameryn Oakes [URL='https://twitter.com/OakesCameryn']@OakesCameryn [/URL]56m
The People presented a motion to admit evidence pertaining to Paul Flores’ prior incidents of alleged rape using a date rape drug, as well as rape *advertiser censored* and home videos he was in possession of.

[URL='https://twitter.com/StephanieZappe2']Stephanie Zappelli she/hers @StephanieZappe2 57m
Reporting for the @SLOTribune
today on the Flores hearing for the #KristinSmart murder. Here’s what happened so far. (CW for sexual assault.)
[/URL]
Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]58m
Reporting for @CPMustangNews
on the #KristinSmart case and Flores Prelim Day 11: (CW sexual assault) On the record at 10:33am, opened with the People’s motion to submit evidence of other sexual misconduct, *advertiser censored*, and home videos from Paul Flores.

Cameryn Oakes [URL='https://twitter.com/OakesCameryn']@OakesCameryn [/URL]59 m
Brief morning session on day 11 of the Flores’ preliminary hearing. Here’s what was established #KristinSmart: (CW for mentioning of sexual assault)
 
KSBY [URL='https://twitter.com/KSBY']@KSBY [/URL]15s
The preliminary hearing for Paul and Ruben Flores resumed Friday with a motion by the prosecution. The prosecutor argued that evidence, including a rape *advertiser censored* video, should be allowed in court to show that Paul Flores had an MO.


Preliminary hearing for Paul, Ruben Flores continues Friday; judge denies a motion from the...
Following two delays this week, Paul and Ruben Flores are expected to return to the courtroom Friday morning for the continuation of their preliminary hearing.
ksby.com
 
Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]5m
Judge denies request by prosecution to include evidence of alleged sexual assaults committed by Paul Flores. Testimony to resume any moment now. @KSBY #KristinSmart

The Tribune @SLOTribune 5m
The evidence included rape fantasy *advertiser censored*, home videos and statements from multiple alleged survivors.


Kristin Smart hearing: Judge won’t allow evidence of alleged Paul Flores sexual misconduct
The evidence included rape fantasy *advertiser censored*, home videos and statements from multiple alleged survivors.
sanluisobispo.com
 
 
https://www.sanluisobispo.com/news/local/crime/article253478044.html?
During a preliminary hearing for two men accused in the murder of Cal Poly student Kristin Smart, a San Luis Obispo Superior Court judge denied a motion Friday to include evidence of defendant Paul Flores allegedly engaging in sexual misconduct.

Superior Court Judge Craig van Rooyen said the evidence, which the prosecution moved to have included in the hearing Friday, creates a risk of prejudice against Flores’ character, while having “limited relevance” to the murder charges.
Click to expand...
 
Lauren @LaurenWalike 27m
Judge van Rooyen allowed a portion of a video interview of Paul Flores on June 19, 1996 to be allowed into evidence. He said he would not make a ruling on the Miranda Rights issue posed by the defense. Cross-examination of Hanley continues after the break.

Lauren @LaurenWalike 31m
Paul Flores also said in the same interview that he walked to his Santa Lucia dorm and #KristinSmart walked off on her own. This also conflicts testimony from Tim Davis who helped walk Smart part of the way back to the dorms. Davis said Smart couldn’t walk by herself.

Matt Fountain @MattFountain1 31m
Testimony continues this afternoon with Hanley under cross examination.

Matt Fountain @MattFountain1 31m
Hanley also testified that when he asked PF what he thought happened to KS, PF said he thought "she went off with somebody." Asked if he thought she was alive, PF said he thought she was dead.

Ava Kershner @avakershner 31mFor the June 96 interview, Hanley and his partner picked Paul up from his house to interview him again. Despite previously agreeing to a polygraph, he denied this time. His interview began, was recorded, and was made clear that he was not handcuffed or in custody by persecution.

Matt Fountain @MattFountain1 32m
Van Rooyen said he could only consider for the Miranda challenge what's admitted as evidence (the first 40 min of interview), where a reasonable person would have still thought they were there as a voluntary witness and was free to go. The judge overruled the Miranda objection

Lauren @LaurenWalike 33m
Flores told Hanley in the May 31 interview him and Anderson split at the intersection of Perimeter Road and Grand Avenue. Flores did not mention asking for a kiss or hug. This conflicts Cheryl Anderson’s earlier testimony where she said Paul asked her for both.

Matt Fountain @MattFountain1 31m
PF initially agreed to go to the interview at AGPD and even agreed to a polygraph, but then refused the polygraph. Van Rooyen noted that PF repeatedly inquired about whether he was free to go, that he had somewhere to be. But he didn't up and leave for 2 hours.

Ava Kershner @avakershner 32m
in the May 1996 interview, Paul said he had a few beers before he went to the party, which he described as “25% women, 75% men.” he denied contacting, touching, and talking to Kristin at the party, who he thought was named Roxy.

Lauren @LaurenWalike 32m
Retired Chief DA Investigator Bill Hanley took the stand this afternoon. He interviewed Paul Flores in May and June of 1996. Hanley said he noticed Flores had discoloration under his right eye in a May 31 interview. Flores said he got it playing basketball.


Alexa Bertola @Alexa_Bertola 32m
Retired Chief District Attorney Investigator William Hanley took the stand. He talked about two different times he interviewed #PaulFlores on May 31st and June 19, 1996. Cross-examination will get underway after the break.


Matt Fountain @MattFountain1 32m
The Miranda issue was taken up before the court could accept video of the interview into evidence. For the sake of the prelim, the prosecution is only introducing the first 40 min of 2-hour interview for Judge Craig van Rooyen's consideration

Matt Fountain @MattFountain1 34m
Hanley and DA investigator Larry Hobson interviewed Flores on June 19, 1996 at the Arroyo Grande Police Department. Defense argues that PF was never read his Miranda rights during the interview and a reasonable person would not have thought they were free to go

Ava Kershner @avakershner 34m
After the break, retired Chief Investigator William Hanley took the stand to talk through his investigation into Paul Flores. During Paul’s first interview, he is asked about his actions on the night of the disappearance which go from work, to dorm, to party.

Matt Fountain @MattFountain1 36m
I'm taking over for @StephanieZappe2 in the #KristinSmart hearing this afternoon, when the court heard from William Hanley, retired chief DA's investigator who interviewed Paul Flores in May and June 1996
 
Last edited:
Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]3m
A subject focused on was Paul’s shower at 5am the morning after the disappearance due to his reason behind it being he had a bad taste in his mouth from throwing up.


Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]5m
According to Paul’s interview, he had two beers before he left his dorm and took one with him to the party. He then had 7-8 cups of beer from the keg at the party. He rated his intoxication level as a 7-8 out of 10 by the end of the party.

Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]6m
Hanley interviewed Derek Tse, Jeromy Moon, Cheryl Anderson and was asked by Sanger if he interviewed the following: Shahn Whitted, Ted Munley, Sean Farrel, and Scott Peterson. Hanley denied.
 
Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]20s
Witnesses for next week include Detective Stewart, DA Investigator J.T. Camp, and Detective Cudworth. Peuvrelle says that he thinks he should be able to wrap up by September 3.


Ava Kershner [URL='https://twitter.com/avakershner']@avakershner [/URL]2m
After Hanley was excused, Sanger made a request about a new discovery about Detective Cole having facebook messages with a witness (Goodwin) being automatically deleted after 30 days. Sanger wants the phone seized or the substance of the conversation revealed.
 
FLORES, PAUL 21F-02402-A 08/23/2021 09:00 D5 Robert M Sanger Preliminary Hearing
08/24/2021 08:30 D5 Robert M Sanger Motion
08/25/2021 08:30 D5 Robert M Sanger Motion

FLORES, RUBEN 21F-02402-B 08/23/2021 09:00 D5 Harold V. Mesick Preliminary Hearing
08/24/2021 08:30 D5 Harold V. Mesick Motion

link: 5day.pdf



@Emi - you don't need to post this twice.... ;)
 
Monday, August 23rd:
*Preliminary Hearing for both (Day 12) (@ 9am PT) - CA - Kristin Denise Smart (19) (missing May 25, 1996 while walking back to her dorm from a off campus frat party at Cal Poly, reported missing on May 26, 1996, San Luis Obispo, still missing) – *Paul Ruben Flores (19 @ time of crime/44) arrested & charged (4/13/21) & arraigned (4/15/21) with 1st degree murder. Plead not guilty. No bond.
*Ruben Ricardo Flores (55 @ time of crime/80) arrested & charged (4/13/21) & arraigned (4/15/21) with accessory to murder after the fact. Plead not guilty. $250K bond. Bond was lower to $50K. Has posted bond (4/22/21), out of jail.
Case & court info from 5/17/21 to 7/28/21 & Preliminary hearing (Day 1-10) 8/2/21-8/19/21 reference post #882 here:
Still Missing - CA - Kristin Smart, 19, San Luis Obispo, 25 May 1996 *arrests* #2
8/20/21 Friday, Preliminary hearing Day 11: The People presented a motion to admit evidence pertaining to Paul Flores’ prior incidents of alleged rape using a date rape drug, as well as rape *advertiser censored* & home videos he was in possession of. Judge Craig van Rooyen ruled against admitting the evidence for the preliminary hearing as it does not pertain to the finding of whether Paul Flores murdered Kristin. The judge denied a motion to include alleged evidence of Paul Flores engaging in sexual misconduct, including home videos, *advertiser censored* found on his computer & statements from multiple women. Judge reminds that he will rule on the prelim if there is probable cause for murder, not rape.
State witnesses: Retired Chief Investigator William Hanley took the stand to talk through his investigation into Paul Flores. Hanley & DA investigator Larry Hobson interviewed Flores on June 19, 1996 (& May 31, 1996) at the Arroyo Grande Police Dept. Defense argues that PF was never read his Miranda rights during the interview & a reasonable person would not have thought they were free to go. The Miranda issue was taken up before the court could accept video of the interview into evidence. For the sake of the prelim, the prosecution is only introducing the first 40 min of 2-hour interview for Judge Craig van Rooyen's consideration. Judge van Rooyen allowed a portion of a video interview of Paul Flores on June 19, 1996 to be allowed into evidence. He said he would not make a ruling on the Miranda Rights issue posed by the defense. The Judge overruled the Miranda objection.
After Hanley was excused, defense attorney Sanger made a request about a new discovery about Detective Cole having Facebook messages with a witness (Goodwin) being automatically deleted after 30 days. Sanger wants the phone seized or the substance of the conversation revealed.
Witnesses for next week include Detective Stewart, DA Investigator J.T. Camp & Detective Cudworth. Peuvrelle says that he thinks he should be able to wrap up by September 3. Preliminary hearings continued on 8/23/21.
 
Lauren @LaurenWalike 30m
Stewart also discussed interviews with witnesses in the case including Ted Munley and Jana Schrock. He also briefly talked about a search warrant executed at Ruben Flores’ White Court home in Arroyo Grande. Cross-examination continues next.

Alexa Bertola [URL='https://twitter.com/Alexa_Bertola']@Alexa_Bertola [/URL]7m
Retired Detective Henry Stewart from the San Luis Obispo County Sheriff’s Department is on the witness stand this morning #KristinSmart #PaulFlores


Lauren [URL='https://twitter.com/LaurenWalike']@LaurenWalike [/URL]8m
Day 12 of the preliminary hearing for Paul and Ruben Flores in the #KristinSmart case started this morning with retired @SLOSheriff Detective Henry Stewart on the stand. He said he found a strand of brown hair under an edge of the mattress in Paul Flores’ dorm room in June 1996.
 
NewsChannel 12 [URL='https://twitter.com/KCOY']@KCOY [/URL]6m
The San Luis Obispo County Sheriff's detective who was assigned to the case one month after Kristin Smart disappeared took the stand on Monday. He spoke for several hours about the investigation and previous interviews conducted.


Former lead investigator takes stand in Flores preliminary hearing | NewsChannel 3-12
For two hours, he questioned Stewart about a number of interviews he conducted with Flores and other people associated with the case.
keyt.com
 
I would love to get a big time court analyst’s opinion on how this preliminary hearing is going because I am biting my nails I am SO NERVOUS.

I understand the need for a fair trial, rather than run the risk of a mistrial by adding in evidence that could cause bias, but I am still pretty shocked that ALL of the evidence from Paul’s San Pedro house cannot be included as of now. I know that might change, but it is pretty shocking.

I wonder if the LA District Attorney were to step up and at least file charges in one of the LA cases they could mention that he is (would be at that time) charged in LA County? Does anyone know how the law works in that situation?
 
missslaurenlady said:
I would love to get a big time court analyst’s opinion on how this preliminary hearing is going because I am biting my nails I am SO NERVOUS.

I understand the need for a fair trial, rather than run the risk of a mistrial by adding in evidence that could cause bias, but I am still pretty shocked that ALL of the evidence from Paul’s San Pedro house cannot be included as of now. I know that might change, but it is pretty shocking.

I wonder if the LA District Attorney were to step up and at least file charges in one of the LA cases they could mention that he is (would be at that time) charged in LA County? Does anyone know how the law works in that situation?
Click to expand...

Also - this was my first post - I’m new here, so I hope I didn’t break any rules ! :) if I did let me know. I’m still learning.
 
Joe Tarica [URL='https://twitter.com/joetarica']@joetarica [/URL]28m
Curious tidbit in today's Kristin Smart hearing: Police once planted an informant to befriend Paul Flores in Santa Barbara County Jail. Later, the two went on fishing trips and traveled to Vegas. Story by @MattFountain1


Kristin Smart hearing: Police used jail informant to befriend Paul Flores, seek confession
Investigators had murder defendant Paul Flores arrested for a probation violation in Costa Mesa in 2002, a retired detective testified.
sanluisobispo.com
 
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